top of page

LITIGATION SUPPORT TIP OF THE NIGHT

The views expressed in this blog are those of the owner and do not reflect the views or opinions of the owner’s employer. All content provided on this blog is for informational purposes only. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information. This policy is subject to change at any time. The owner is not an attorney, and nothing posted on this site should be construed as legal advice. Litigation Support Tip of the Night does not provide confirmation that any e-discovery technique or conduct is compliant with legal, regulatory, contractual or ethical requirements.

See my post on Running Regex Searches With a Grep Utility on the ILTA litigation support blog.

New tips for paralegals and litigation support profesionals are posted to this site each week. Click on the blog headings for better detail.

See How-To Videos on my YouTube channel.

E.D. Tenn.: No Threatening Mass of Hackers Using Credit Card Receipts

Sean O'Shea
May 25, 2019
1 min read

Today, Judge Curtis Collier issued a decision, McCould v. Save a Lot, No. 3:18-cv-486, 2019 U.S. Dist. LEXIS 87591 (E.D. Tenn. May 24, 2019) granting the Defendants' motion to dismiss without prejudice. The suit concerned an alleged violation of the Fair and Accurate Credit Transactions Act (FACTA), 15 U.S.C. § 1681, which prohibits printing more than the last 5 digits of a credit card on a receipt. The Plaintiff alleged that Save a Lot printed the first six and last four digits of his credit card on a receipt.

The Court found that the plaintiff did not show any material risk of harm, where there was only a possibility that a computer hacker could use the first six digits of a card to make an online purchase. There was no showing that this information was used by hackers in a "threatening mass". Id. at *22. The hacking method using credit card numbers could only be exploited for VISA cards, and the plaintiff's complaint did not indicate which kind of credit card he held.